Filing is not discharge
The debt remains until the court applies the bankruptcy rules.
The claim route changes
A pre-procedure creditor participates through the bankruptcy case.
Communication is regulated
Evidence should be preserved when contact rules are breached.
What changes at each stage
| Stage | Position of the claim | Practical response |
|---|---|---|
| Petition filed only | The debt has not been discharged and the case may not yet be accepted | Do not promise an outcome; provide the docket number when available |
| Debt restructuring opened | Old monetary claims are submitted in the case and the statutory moratorium applies | Send the court order and trustee details to the creditor |
| Asset realisation opened | A bankruptcy creditor acts through the case | Record parallel collection attempts and check the register |
| Case completed | The court states which obligations are discharged | Send the completion order and verify any exception |
Conduct that is not permitted
Law No. 230-FZ regulates activity directed at recovering overdue consumer debt. It prohibits violence and threats, damage to property, psychological pressure, misleading statements about the amount, court or liability, and unlawful disclosure of debt information to third parties.
- keep dates, caller numbers, original messages, recordings and envelopes;
- ask for the creditor, authority and claim amount;
- never provide security codes or banking-app access;
- check a professional collection organisation in the FSSP register;
- distinguish a lawful notice from pressure to pay outside the procedure.
Can the debtor refuse interaction?
Article 8 of Law No. 230-FZ permits a qualifying debtor to request communication through a representative or to refuse specified direct methods. The refusal is available only after the statutory period following default, and a later judgment or enforcement instrument can suspend it for a defined period. The statement that all calls become unlawful immediately after a bankruptcy petition is therefore inaccurate.
An opened bankruptcy procedure and an interaction refusal serve different purposes. The first determines where the claim is pursued; the second limits methods of contact. Any complaint should identify the relevant court order and the specific breach.
Practical sequence when calls continue
- Download the order opening the bankruptcy procedure from the court docket.
- Identify the current creditor and the collection representative.
- Send the case number, procedure and trustee details in writing.
- Preserve each disputed contact in its original form.
- If eligible, submit the Article 8 interaction statement.
- Report collection-rule breaches to the FSSP; report threats or property damage to the police as well.
- After case completion, send the discharge order and demand that collection of a discharged claim stop.
Use the guide to the creditor register and the separate article on microloans in bankruptcy.
FAQ
Must collectors stop calling as soon as a petition is filed?
Not automatically. Filing is not the same as opening a procedure or discharging the debt, although Law No. 230-FZ always limits contact methods and frequency.
May collectors contact relatives?
Third-party interaction and disclosure are allowed only within statutory limits. Unlawful disclosure should be documented.
Where are collection breaches reported?
The FSSP supervises professional collection organisations. Threats or other apparent offences should also be reported to the police.
Can collection resume after bankruptcy?
Only if the obligation was not discharged or falls within a statutory exception. The completion order in the individual case is decisive.
Official sources
- Law No. 230-FZ, Article 7;
- Law No. 230-FZ, Article 8;
- Bankruptcy Law, Article 213.11;
- FSSP register of professional collection organisations.
Collection continues during bankruptcy?
The case stage, claim status and evidence can be reviewed before the next response is sent.
Initial consultationFiling a Petition and Commencement of a Procedure Are Different Dates
| Stage | Review | Action |
|---|---|---|
| Before filing | Creditor and agreement | Log contacts |
| Petition filed | Whether accepted | Do not promise calls stop |
| Restructuring opened | Moratorium and claim route | Send the order |
| Realization opened | Manager authority | Provide case details |
| Case completed | Whether this debt was discharged | Send final order |
Check the court docket
A petition screenshot is not a commencement order.
Identify the collector
Banks, microfinance lenders and professional collectors may act on different grounds.
Separate debt and contact
Contesting a claim and complaining about communication are different routes.
The Moratorium Moves Collection into the Case Framework
Article 213.11 of Federal Law No. 127-FZ imposes a moratorium and claim procedure after restructuring begins, subject to statutory exceptions. Federal Law No. 230-FZ continues to regulate communication methods and limits. A participant may not threaten, disclose debt to third parties or exceed the rules. Current and surviving claims still require separate classification and do not disappear merely because bankruptcy was published. Keep a contact log recording date, time, number, organization, caller, substance and attached messages. Store the order opening or completing bankruptcy, the insolvency-register notice, creditor list and proof of notification separately. Do not disclose codes, card details or personal data by telephone before verifying the caller. A valid claim does not disappear because communication was improper, while polite communication does not validate an unfounded debt; treat those issues separately. A complaint should identify the method, frequency and substance of contact rather than only an emotional assessment.